Warranty Information 63
Contributor, and You will not represent to the contrary, whether
expressly, by implication, appearance or otherwise.
13.3Independent Development. Nothing in this License will
impair Apple's right to acquire, license, develop, have others
develop for it, market and/or distribute technology or products
that perform the same or similar functions as, or otherwise
compete with, Modifications, Larger Works, technology or
products that You may develop, produce, market or distribute.
13.4Waiver; Construction. Failure by Apple or any Contributor to
enforce any provision of this License will not be deemed a waiver
of future enforcement of that or any other provision. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter will not apply to this License.
13.5Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion thereof,
to be unenforceable, that provision of the License will be
enforced to the maximum extent permissible so as to effect the
economic benefits and intent of the parties, and the remainder of
this License will continue in full force and effect. (b)
Notwithstanding the foregoing, if applicable law prohibits or
restricts You from fully and/or specifically complying with
Sections 2 and/or 3 or prevents the enforceability of either of
those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and
destroy all copies of it that are in your possession or control.
13.6Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in
the Northern District of California, and You and Apple hereby
consent to the personal jurisdiction of, and venue in, the state
and federal courts within that District with respect to this
License. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded.
13.7Entire Agreement; Governing Law. This License constitutes
the entire agreement between the parties with respect to the
subject matter hereof. This License shall be governed by the
laws of the United States and the State of California, except that
body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the
following clause applies: The parties hereby confirm that they
have requested that this License and all related documents be
drafted in English. Les parties ont exigé que le présent contrat et
tous les documents connexes soient rédigés en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2007 Apple Inc. All Rights
Reserved.
